Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS
Section 5-51-34 - When remission is not warranted
Universal Citation: HI Admin Rules 5-51-34
Current through August, 2024
Remission is not warranted and shall not be granted under any of the following conditions:
(1) When any person filing a petition pursuant to this section has been:
(A) Alleged to have engaged in the specific
conduct that serves as the factual basis for the commission of the covered
offense or offenses that have occurred, subjecting the subject property to
forfeiture; and
(B) Convicted of
the same or a substantially similar offense as the alleged covered offense
under subsection (1)(A) above no earlier than five years prior to the alleged
commission of that covered offense; or
(2) When any person filing a petition under this section who is not alleged to have committed the covered offense as set forth under section (1) above, either knew or reasonably should have known that the subject property would be used in furtherance of the commission, attempt to commit, or conspiracy to commit a covered offense, as evidenced by:
(A) Knowledge of any prior conviction of the
person alleged to have committed the covered offense as set forth under section
(1) above, for the same or substantially similar offense having occurred no
earlier than five years prior as specified; or
(B) Knowledge of any prior history of
engaging in the same or similar type of conduct by the person alleged to have
committed the covered offense, which subjected the subject property to
forfeiture, as set forth under subsection (1)(A) above, and such conduct having
occurred no earlier than five years prior to the alleged commission of the
covered offense.
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